Miss Constitution Analyzes. . . Day 41 of the Presidential Election Crisis
Charles Dickens. . . the Rule of Law. . . Moral Syphilis
A friend sent Miss Constitution a video of the history of Charles Dickens, A Christmas Carol, written in 1843 and intended to illuminate the terrible working conditions for children and others during the Industrial Revolution in Great Britain. You will remember that there was in the story a Ghost of Christmas Past, a Ghost of Christmas Present, and a Ghost of Christmas Future.
- The Ghost of Christmas Past – when a majority of the American people felt loyalty and pride in their nation and in the Supreme Positive Law of the Land as represented by the United States Constitution
- The Ghost of Christmas Present – when a significant number of Americans are ashamed of their country, loathe themselves, and some are willing to overlook the Rule of Law in the 2020 Presidential election
- The Ghost of Christmas Future – when younger generations have no accurate historic information about their country, do not understand its philosophical roots, gladly surrender their Liberties, and have no idea what the United States Constitution is, was, why it was abandoned, and what it means to peoples all over the world. Like Scrooge, these children now adults will be looking at their own abandoned gravestones without the slightest context of the promise of America that was thrown away
Illustrative of the Ghost of Christmas Present is Alan Dershowitz, a Professor of Constitutional Law, now retired from Harvard University, and a commentator on the present election crisis. Here is a highly regarded intellect who advises us all to “move on” from the election crisis the country faces. His reasoning is that the Supreme Court ruling of December 11, 2020, denying a hearing regarding evidence of massive fraud in the Presidential election, is dispositive. The Supreme Court would have been acting as a trial court in hearing and weighing evidence and concluding what facts are “true.” So far, no Court has been willing to hear evidence, challenge that evidence through cross-examination, and conclude. Without knowing what facts are true, there is no Rule of Law. There is no Rule of Law because without a determination of what facts are true, we cannot know what Law or Laws were broken, if any, and what remedies, if any, are appropriate. If no Laws were broken the country could feel a sense of relief and support a peaceful transfer of power. Professor Dershowitz said that the Supreme Court “put doubts to rest” regarding the Presidential election. Nothing could be further from the truth. By being unwilling to conduct an evidentiary hearing, the Supreme Court denied the American people facts they could rely on. Alan Dershowitz agreed. The doubts are not only not put to rest the doubts are magnified. The election was too “messy” Dr. Dershowitz said. Article IV of the United States Constitution guarantees each state a Republican form of government. If the Will of the People cannot be known a Republican form of government cannot be guaranteed. The Supreme Court could have heard the case but chose not to. The Court can always sit as a Court of Equity that adds an ethical component to the Law.
We are still in the company of the Ghost of Christmas present. We see, in addition to poor half-starving Tiny Tim, Scrooge rubbing his hands in anticipation of ill-gotten gains. We see the eyes of the lewd and lascivious as the once-vaunted three branches of the federal government descend into corruption and silence. We see once honorable public servants, sinking down into the “submerged tenth” of sordid corruption. The vaunted American press is silent. New tech companies promising humanitarian outreach, are censoring what the People can know. Once great institutions of higher learning that were the pride of America now selling their own nation’s scientific and research secrets for thirty pieces of silver. Wall Street, city councils, State Senators and Representative, Governors, Secretaries of State, and others bribed but laundered through their families or lured into the beds of determined adversaries of the country and left pockmarked and morally syphilitic. Some in both political parties took the devil’s oath. The sincere Biden voter who likes his policies is lumped with the dishonest. The sincere Trump voter who likes his policies feels a stinging betrayal.
In 1843, under the robes of the Ghost of Christmas Present, Dicken’s illustrator showed bony raw feet. The message was clear – Fix It or Face the Ghost of Christmas Future, as Jimmy Lai of Hong Kong is facing it, hoping his death will be without the breathtaking torture that his keepers are capable of. No, Professor Dershowitz, Miss Constitution is not “moving on.” It is legally and logically indefensible.
Texas Case. . . Article IV. . . Secession
Emily Compagno, attorney and commentator, asserts that there are two problems with the suit filed by Texas regarding an alleged fouled election in four states. Her view is that Texas lacks standing to comment on the internal affairs of how those states handle elections and that the remedy sought, disqualifying tainted votes, is overbroad because it would wipe out lawful votes, as well. Miss Constitution thinks the biggest impediment to the Supreme Court hearing this important case is that they do not want to get involved. This case is huge; it has huge implications for this country; it has huge implications for the international view of this country; and it is beyond messy. The Supreme Court is much happier deciding to hear a case about Muslim terrorists denied flying privileges. The Court every now and then has a case or a decision that has ramifications for years. Early in our history the Marshall Court said that the Supreme Court has judicial review and can declare a statute unconstitutional. There are others, but the one before the Court from Texas is about as big as they come. Why? Because the entire future of the Republic rests on what the Court decides to do. If the Court dismisses for technical reasons and the election for President of 2020 stands then there will never be another election for President that foreign powers respect and America’s decline is just speeded up by light years. Without a sacred Presidential election, the entire governance structure collapses. What takes its place we can only guess. On the hand, invalidating the millions of people who voted for Joe Biden lawfully does not meet the fair and equitable test that is a part of our governance, also. You can see why the Supreme Court would rather all have dental appointments than accept this case. And yet, like the young soldiers who had to depart the Higgins boats for sure death on D-Day, the Supreme Court must get in there and clean out the rot. The message this will send will not only be welcomed by a majority of Americans it will send a signal to the world – you may be able to corrupt most American politicians and others, but you will not be able to compromise the Supreme Court of the United States. The right decision will give us a few more years to find the right formula to survive our determined adversaries. Miss Constitution would like to introduce you to a part of the Constitution that might help – Article IV, Section 4.
- The United States shall guarantee to every State in the Union a Republican form of Government and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
- The federal government can meddle, then, in a state’s affairs if the state has conducted an election that deprives its citizens a Republican or representative form of government. A Republican form of government is basically an acceptance of the Will of the Majority or Consent of the Governed regarding elections. If there was widespread fraud or abuse of that system, the Will of the People cannot be known and the Consent of the Governed is negated. Texas and the others can ask relief based on this negation and guarantee under Article IV. In addition, Article IV, Section 1 states that “Full Faith and Credit shall be given to each State to the public Acts. . . of every other State. . . And the Congress may by general Laws prescribe the Manner in which such Acts. . . shall be proved and the Effect thereof. Miss Constitution thinks this might be interpreted to allow guidelines to be set regarding Presidential elections by Congress or by the Supreme Court until Congress acts. For instance, no state should be allowed to allow unverified voters to vote. No state should be allowed to extend voting for President past the national election date or allow pre-voting months in advance. No state should allow mail-in ballots or xeroxed ballots that are not matched for eligibility and registration. Ballot harvesting is un-American and un-Republican as one ballot would not match the Will of one voter. Article IV gives the Texas case standing.
- Regarding invalidating the millions of lawful votes for Joe Biden that should be respected, Miss Constitution calls for a one-day vote in the states shown to have substantial electoral fraud under the supervision of the Supreme Court. The lawful Biden voter would merely need to vote again and show that the Will of the People of that state want him to be President. Miss Constitution begs the Court to really dig into the substance of these issues and Save the Republic. There is growing talk of secession if this fouled election is not cured within a framework the Founders could respected the Rule of Law and generally
